Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Compagnie Gervais Danone (Danone) against the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between San Miguel, Fabricas de Cerveza y Malta, SA and Danone concerning the application by the latter for registration of a figurative sign 'B'lue' as a European Union trade mark. 

Town and country planning – Development. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the dismissal of its claim for judicial review of the grant of planning permission by the respondent local planning authority for development proposed by the interested party. It held, among other things, that the authority had not, in any respect, misinterpreted relevant national and local policy or applied it unlawfully. 

Charity – Gift aid. The Chancery Decision granted the Charity Commission of England and Wales a declaration that interim managers of a charity (the Cup Trust) should be at liberty to discontinue an appeal against the Revenue and Customs Commissioners' rejection of its claims for Gift Aid on donations from certain taxpayers, in respect of a tax avoidance scheme. The Charities Act 2011 made it clear that interim managers had the functions that were defined by the order of the Charity Commission that appointed them, and they operated under the supervision of the Charity Commission and not the court. However, there would plainly be some situations in which the court did need to become involved and in the present case, the decision to discontinue was within the range of decisions to which rational charity trustees could properly have come. 

Criminal evidence – Evidence of bad character. In an appeal against the defendant's conviction of possessing a firearm with intent to endanger life, contrary to s 16 of the Firearms Act 1968, the Court of Appeal, Criminal Division, held that gang-related evidence adduced at trial as evidence to do with the facts of the case, pursuant to s 98 of the Criminal Justice Act 2003, had not, in the circumstances of the case, warranted a bad character direction. Accordingly, the defendant's conviction had been safe. 

Child – Negligence. The Queen's Bench Division dismissed the claimants' case against the local authority and the former foster parents on the basis that all allegations of physical and emotional abuse and negligence had not on the facts been made out. 

European Union – Trade marks. The General Court of the European Union dismissed the action brought by L'Oréal, SA against the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, relating to opposition proceedings between Theralab — Produtos Farmacêuticos e Nutracêuticos and L'Oréal, concerning the application by the latter for registration of a figurative sign 'VICHY LABORATOIRES V IDÉALIA' as a European Union trade mark. 

Immigration – Leave to remain. The Administrative Court partially allowed the claim for judicial review by the claimant victims of trafficking. It held that part of the first defendant Secretary of State's guidance 'Victims of Modern Slavery: Competent Authority Guidance (July 2015)' was unlawful, as it did not allow victims of trafficking or their legal representatives to request discretionary leave to remain on the grounds of agreeing to assist the police with their enquiries. 

Personal Injury: Quantum Case. Asbestos related disease. PSLA of £80,000 with total damages of £642,972.51. The claimant contracted mesothelioma as a result of exposure to asbestos during her course of employment and subsequently died following surgery. 

Extradition – Extradition order. The Divisional Court dismissed the appellants' appeals against the judge's decision, sending their cases to the Secretary of State, who ordered the appellants' extradition to Peru to face trial for drug trafficking. The assurances provided by Peru applied to the second appellant Italian national as to the first appellant British national, and the appellants' rights under arts 3 and 6 of the European Convention on Human Rights would not be breached. 

Income tax – Tax advantage. The Court of Appeal, Civil Division, allowed the Revenue and Customs Commissioners' appeal against a finding that it had issued a valid Closure Notice in respect of an enquiry into the taxpayer's corporation tax self-assessment return. The court dismissed the taxpayer's cross-appeal against a finding that the disregard provisions in para 28 of Sch 26 to the Finance Act 2002 had not applied in the circumstances its case.